My mother and her 8 siblings inherited 12 Acres of land from my grandmother. My Grandmother and the 8 siblings are deceased. Does the inherited property solely belong to the living sibling or both her and the children of the deceased siblings? Once my mother passes away who inherits the property?
Assuming there is no will, then the land should have been distributed to your grandmother’s spouse, if living at the time of her death, and to her children living at the time of her death. Children who died, but have children, will have that child’s share distributed to the deceased child’s children.
Without a lot more information, it is impossible to answer your question. I'll try to explain why in my answer. Please note: I assume this property is in Georgia, and, for simplicity, I will also assume that ALL involved parties lived in Georgia at the time they died. If one or both of those assumptions is wrong, then this answer may not be accurate.
The reason it's not possible to tell who owns the property from only the information contained in your post is because there are way too many variables, including factors such as: (1) how the property was owned by your grandmother; (2) whether your grandmother had a Will that was probated after her death and, if so, how the property passed under the Will; (3) how your mother and her siblings held title to the property at every one of their deaths; (4) whether your mother and any of her siblings had Wills that were probated at their deaths or whether some or all of them died without Wills; and (5) who was living each time an owner died.
Here's an example of one possibility among many: Your grandmother (GM) owned 100% of the property and then died leaving a Will that left the property to all 9 children, specifically leaving the property to them as joint tenants with rights of survivorship (not common, but it happens). The 9 siblings continued to own the property that way. Each time a sibling died, his or her interest simply passed to the surviving sibling(s) automatically, under the right of survivorship. This would leave the last living sibling as the sole owner of the property.
Here's another example: Your grandmother owned 100% of the property and died with no Will (or with a Will that left the property to all 9 children, but the Will did NOT state that the property went to them as joint tenants). The 9 siblings own the property as tenants in common. Sibling 1 dies with no Will, leaving 3 children, all of whom survive her. The property is now owned by the 8 living siblings (1/8 each) and the deceased sibling's 3 children (each of whom now has 1/3 of that sibling's 1/8). Sibling 2 dies with a Will leaving her interest in the property to her spouse. Property now is owned by 7 living siblings, Sibling 2's spouse, and the 3 children from sibling 1. 1 of the 3 children of sibling 1 dies, leaving her interest to her own 4 children under her Will: we now have 7 siblings with 1/8 each, 1 sibling's spouse with 1/8, 2 siblings's children with 1/3 of 1/8 each, and 4 sibling's grandchildren who each own 1/4 of 1/3 of 1/8. And so on.
You will need to get a consultation with an attorney in order to figure out how the property is currently owned. The attorney can ask for the missing information and help your family get to an answer. But you won't be able to get an answer in this kind of forum. You may want to talk to someone at the GA Heirs Property Law Center- they deal with exactly this kind of issue. https://www.gaheirsproperty.org/
Best wishes.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.